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Home My WebLink AboutMinutes - 11/19/2001 - City Council REGULAR MEETING NOVEMBER 19, 2001 `- The Regular Meeting of the McHenry City Council was called to order by Mayor Althoff, at 7:30 P.M. on Monday, November 19, 2001 in the Council Chambers of the Municipal Center. At roll call the following Aldermen were present: Bolger, Glab, Low, Murgatroyd and Wimmer. City Staff in attendance were: City Administrator Lobaito, City Clerk Jones, City Attorney McArdle, Chief of Police Kostecki, Assistant Director of Public Works Marcinko and Director Community Development Napolitano. Absent: Director of Public Works Batt, Director of Parks and Recreation Merkel and Assistant City Administrator Maxeiner. TEN MINUTE PUBLIC INPUT No one signed in to speak during the Ten Minute Public Input Session. PRESENTATION Jaime Rous, spokesperson for the McHenry Jaycees, was in attendance. Ms. Rous noted each year the City graciously permits the Jaycees to use Knox Park barn for their Haunted House fundraising event. This year the Jaycees raised $45,000. The McHenry Area Jaycees annually sponsor a portion of the City's fireworks display with these funds. Ms. Rous presented a check to City Clerk Jones in the amount of $13,000 to reimburse the City for a portion of the 2001 fireworks display. Mayor Althoff acknowledged receipt of the check and thanked the Jaycees �... organization for the continued efforts in creating and conducting presenting the Haunted House as well as sponsoring the fireworks display on an annual basis. CONSENT AGENDA: Motion by Bolger, seconded by Low, to approve the Consent Agenda, as presented; ■ Reduction in Letter of Credit — McHenry Corporate Center Resubdivision, Lot 2, Unit 5; ■ Authorize Mayor's Execution of Request to rename the Remarketing Agent for Series 1998 Bonds (Fawn Ridge Apartment Project); ■ List of Bills for approval; A-ABLE ALARM SERVICE INC 68.75 ACE HARDWARE, BJORKMAN'S 1,407.36 ACME BRICK & SUPPLY CO 154.40 ADAMS AUTO BODY 2,283.39 ADAMS ENTERPRISES INC, R 174.59 ADAMS OUTDOOR POWER EQUI 369.28 ADAMS STEEL SERVICE INC 278.14 ALEXANDER CHEMICAL CORP 780.00 ALEXANDER LUMBER CO 261.44 AMERICAN BUSINESS FORMS 1,819.36 AMERICAN PLANNING ASSOC 525.00 AMERITECH 3,002.33 ANGELIQUE ARCHOS 5.00 AQUAPREP 4,455.00 ARNET, ALICE 91.69 ARNS, ALAN 25.00 ARROW UNIFORM RENTAL INC 592.24 AUTO TECH CENTERS INC 46.65 AUTOGRAPH FOLIAGES 1,164.56 AUTOMATIC CONTROL SERVIC 328.80 `r B 6 F TECHNICAL CODE SER 839.55 B AND H INDUSTRIES 91.59 BAKER & SON CO, PETER 445,694.13 BANDIT INDUSTRIES INC 621.29 BANK ONE TRUST COMPANY N 566,800.00 BARGER, CINDY 32.00 Page 2 11/19/01 BARTOLAI, MICHAEL J 60.00 BAXTER & WOODMAN 134,925.55 BERKHEIMER CO INC, G W 934.50 BJORKMAN'S ACE HARDWARE 30.00 BLUELINE.COM, THE 199.00 BOELTER, HAROLD 25.00 BONCOSKY OIL COMPANY 10,801.57 BOTTS WELDING & TRUCK SE 310.03 BRADY & ASSOCIATES, PHIL 8,095.00 BRANIFF COMM INC 10,042.00 BREMER, MIKE AND CAROL 50.00 BUILDING OFFICIALS AND 120.00 BURNS INDUSTRIAL SUPPLY 166.40 BUSS FORD SALES 259.81 BYKOWSKI, RON 6,040.00 CARLSON, BRYAN 1,500.00 CDW GOVERNMENT INC 609.98 CENTEGRA OCCUPATIONAL HE 3,162.75 CHAPEL HILL FLORIST INC 36.50 CHICAGO TURF & IRRIGATIO 135.18 CHODOROWSKI, JACKIE 15.00 CHUDNOW, MELISSA 5.00 CINGULAR WIRELESS 62.51 CINTAS CORPORATION #355 98.24 CIRCUIT CITY 60.00 CLA-VAL 76.00 CLEMENT COMMUNICATIONS 380.64 CLEMENTS, CHAD 25.00 CLIFFORD-WALD 95.51 COLLEGIATE PACIFIC 310.80 CONED 14,713.69 COMMUNICATIONS REVOLVING 11,329.15 COMPUTERLAND 35,831.09 CONSERVATION SERVICES 250.00 COUGHLIN, DIANE 205.00 CRAFT CONCRETE PRODUCTS 910.30 CRYSTAL LAKE TIRE & 212.00 CRYSTAL MANOR STABLE 900.00 CUSTOM LANDSCAPING 5,000.00 CUSTOM VEHICLE SYSTEMS I 420.00 D & J AUTOMOTIVE SUPPLY 303.19 D'ANGELO NATURAL SPRING 63.00 DB FENCE 686.00 DON'S TOWING 95.00 DURA WAX COMPANY INC, TH 106.55 ED'S RENTAL & SALES INC 190.00 EDER CASELLA & CO 2,340.00 EISERMAN, JERRY 319.28 ENGLEWOOD ELECTRICAL SUP 1,204.91 ERICKSON, ANNA JEAN 15.00 EXTECH COMPANY 97.35 FAST EDDIES CAR WASH 197.50 FEDERAL SIGNAL CORP 24,563.50 FIRESIDE, THE 47.00 FISCHER BROS FRESH 1,593.76 FOTO FAST 17.50 FOXCROFT MEADOWS INC 1,849.00 FREUND INTERNATIONAL 353.86 G COMMUNICATIONS 1,860.50 GALL'S INC 349.96 GARRELTS & SONS INC 627.10 GERSTAD BUILDERS 30.00 GIBSON TOOLS INC 93.40 GRAINGER INC, W W 182.53 GRAND SLAM USA 800.00 GREAT LAKES FIRE AND 294.90 GROWER EQUIPMENT & SUPPL 66.59 GURRIE, LETITIA 113.45 HALOGEN SUPPLY COMPANY 140.40 HANSEN'S ALIGNMENT, DON 40.00 HAY, SANDY 78.00 HETTERMANN, KATHLEEN 152.17 HOBBY LOBBY 90.52 HOME DEPOT 30.00 HOME DEPOT, THE 30.00 HOME STATE BANK 42,100.00 Page 3 11/19/01 HONEA, MARC 25.00 IACE 25.00 IACP 30.00 ILLINOIS LIFESAVERS CONF 400.00 IMPRESSIVE IMAGES 26.70 INDUSTRIAL/ORGANIZATIONA 470.00 INNOVATIVE PACKAGING INC 273.85 INTERSTATE SUPPLY COMPAN 43.89 IPRA 480.00 JENKINS, THOMAS M 18.50 JEPSEN TIRE 484.50 JEWEL FOOD STORES 2,016.02 JONES, JANICE C 718.11 KALE UNIFORMS INC 1,747.68 KAR PRODUCTS 1,000.70 KASCH, DEBIE 88.00 KDS TECH SERVICES INC 141.40 KENNEDY CONSTRUCTION CO, 203,263.20 KITTL, AMBROSE M 122.48 KLOTZ, RAY 25.00 KOSTECKI, MICHAEL D 56.84 KRANZ, ANNE 91.94 KROHN LAWN 6 LANDSCAPE 17,013.00 KTD MANUFACTURING AND 22.50 KUNZER, KATHLEEN 246.16 LAKESIDE PEST CONTROL SE 85.00 LANDIS, TRACY 25.00 LARSON, DARRIN 500.00 LARSON, ESTHER 15.00 LAYNE-WESTERN COMPANY 14,490.00 LEACH ENTERPRISES INC 116.07 LETN PRIMEDIA WORKPLACE 576.00 LIBERTY FLAG 6 SPECIALTY 258.55 LIGHTNING POWDER COMPANY 139.95 LINNANE, LAURA 45.00 LOCKER'S FLOWERS 266.00 `- MARCONI CONSTRUCTION 1,500.00 MARUNDE, SANDRA 20.00 MCANDREWS 6 CUNABAUGH 13,600.00 MCCANN INDUSTRIES INC 783.89 MCCARTHY, THOMAS M 2,404.00 MCCUE, ROXANN 16.00 MCHENRY ANALYTICAL WATER 502.00 MCHENRY AUTO PARTS 975.43 MCHENRY COMMUNITY HIGH S 3,245.00 MCHENRY COMMUNITY SCHOOL 4,600.00 MCHENRY COUNTY COLLEGE 70.00 MCHENRY COUNTY MUNICIPAL 57.00 MCHENRY COUNTY SUPPLY IN 214.30 MCHENRY ELECTRIC 6 SUPPL 80.20 MCHENRY FIRESTONE 1,594.98 MCHENRY GARDEN CENTER 50.00 MCHENRY POLICE PENSION F 5,883.84 MCHENRY PUBLIC LIBRARY 270.00 MCHENRY SPECIALTIES 300.00 MCHENRYCOM COMPANY INC 424.04 MCKIBBEN, DIANE 227.88 MENARDS - CRYSTAL LAKE 462.46 MERKEL, PETE 327.35 MEYER MATERIAL COMPANY 370.03 MEYER, DONALD 71.40 MID AMERICAN WATER OF WA 233.00 MINUTEMAN PRESS OF MCH 3,927.33 MOTION INDUSTRIES INC 145.12 MTS SAFETY PRODUCTS INC 105.55 MUELLER, IRENE 15.00 NATIONAL ARCHERY ASSOC 50.00 NATIONAL BUSINESS FURNIT 137.00 NAVISTAR FINANCIAL CORP 76,136.00 NCL OF WISCONSIN INC 624.56 NEIL COMPANIES, G 68.93 NEWKIRK, KRIS 69.00 NEXTEL COMMUNICATIONS 1,349.22 NICOLET SCENIC TOURS 2,852.00 NICOR GAS 1,325.05 NORSHORE ALARM CO INC 45.00 Page 4 11/19/01 - N NORTHERN SAFETY CO INC 91.03 NORTHWEST ELECTRICAL SUP 3,955.98 NORTHWEST FORD & STERLIN 162.80 NORTHWEST HERALD 2,835.60 NORTHWESTERN UNIVERSITY 2,350.00 OBENAUF, GLORIA 15.00 OFFICE CONCEPTS 3,439.77 OFFICE DEPOT INC 1,374.70 OLIVER, JUANITA 83.00 OLSEN SAFETY EQUIPMENT C 154.50 OLSZEWSKI, KATHY 30.00 ORIENTAL TRADING CO INC 455.15 PALMER, MIKE 134.13 PAPROCKI, KRISTINE 60.94 PARADISE COMPUTER 938.10 PATRIOT PAINTBALL CLUB/2 90.00 PECHOUS, ROGER 150.90 PEPSI-COLA GENERAL BOTTL 537.50 PERKINS, MICHAEL 60.67 PETALS & STEMS 238.00 PETERSEN SAND & GRAVEL 363.57 PINTER, WILLIAM S 84.00 POKRZYWA, BRIAN 25.00 POOL SPECIALISTS, THE 8,550.00 PRECISION SHARPENING & R 111.00 PREMIER EVENT MGMT 60.00 PRIME COMMERCIAL 30.00 QUILL CORPORATION 239.64 R & D AUTO BODY 2,263.41 R & S DISTRIBUTORS INC 210.40 RADICOM INC 2,856.45 RAM COMMUNICATIONS 1,063.73 REGNER, WILLIAM J 39.36 REHRIG PACIFIC COMPANY 3,040.00 RELIABLE OFFICE SUPPLIES 150.52 RIVERSIDE BAKE SHOP 85.81 �� ROC CONSTRUCTION SUPPLY 154.11 ROCKFORD INDUSTRIAL 5.56 ROTHERING, HELEN 15.00 ROWE, HERBERT W 1,390.00 RUBLOFF EXCAVATION LLC 146,617.14 RUSHING, RHONDA 85.00 RUSHING, RHONDA F LANG- 28.93 RYAN HOMES, WILLIAM 11,696.64 RYBA, RON 131.69 S & S ARTS & CRAFTS 245.64 SAFETY KLEEN CORP 170.13 SCAN-AM 114.25 SCHAEFER, PATRICIA 97.04 SCHULHOF COMPANY 65.42 SCHWAB, MARGE 15.00 SEROTZKI, JEAN 15.00 SETON NAME PLATE COMPANY 327.00 SHERMAN MECHANICAL INC 4,510.82 SHRADER, DIANNE 15.00 SHRM 145.00 SIGNS BY FRY 3,597.00 SJOBLOM, TYLER 184.00 SKLODOWSKI PUCHALSKI & R 375.00 SMITH ENGINEERING CONSUL 21,163.90 STANS OFFICE TECHNOLOGIE 1,333.73 STULL, RICH 133.82 SUBWAY 28.35 SUMMERS PORTABLE TOILETS 138.00 SWANK, SHERRY 15.00 SYSTEM GRAPHICS 2,191.90 TARGET AIRE 540.00 THE ARK CHRISTIAN BOOK A 28.95 THELEN SAND & GRAVEL INC 569,276.70 THEODORE POLYGRAPH SERV 1,580.00 THOMAS TRUCKING INC, KEN 650.00 THOMPSON ELEVATOR INSPEC 300.00 TRAFFIC CONTROL & 638.47 TRAUSCH, ROBERT 71.68 TREASURER STATE OF ILL 5,607.15 Page 5 11/19/01 TROCKI, TODD A 44.00 U S IDENTIFICATION MANUA 82.50 UNITED LABORATORIES 253.32 UNITED PARCEL SERVICE 127.12 VIKING CHEMICAL COMPANY 1,144.00 VIRGILS, LAURA L 448.74 WARE, JAMES 231.00 WARE, JIM 25.00 WARING, ANN 848.68 WARREN, TOM 308.00 WASTE MANAGEMENT NORTH 283.33 WATER ENGINEERING 6 MGMT 40.00 WATER SOLUTIONS UNLIMITE 2,860.00 WEARGUARD 350.15 WILLIAMS ELECTRIC SERVIC 1,414.00 WILLIAMS, JANICE H 71.94 WISNIEWSKI, JENNIFER 55.00 WOLF CAMERA & VIDEO 224.90 WOODLAND RDF 8,507.25 WOODSTOCK LAND SURVEYORS 200.00 XENCOM 50.00 ZARATE, MIGUEL C 15.00 ZION LUTHERAN CHURCH 210.00 ZUKOWSKI ROGERS FLOOD 6 6,343.65 GRAND TOTALS 2,566,102.52 FUND TOTALS GENERAL FUND 321,737.42 CIVIL DEFENSE FUND 34,605.50 ANNEXATION FUND 13,130.00 MOTOR FUEL TAX FUND 5,607.15 DEVELOPER DONATION FUND 8,481.04 DEBT SERVICE-2000SSA FUND 42,100.00 DEBT SERVICE-2000A FUND (MFT) 284,600.00 DEBT SERVICE-2000B FUND (REFUND) 282,200.00 STREET IMPROVEMENTS FUND 452,834.42 CAPITAL IMPROVEMENTS FUND 994,561.71 WATER/SEWER FUND 60,701.75 UTILITY IMPROVEMENTS FUND 10,935.96 EMPLOYEE INSURANCE FUND 31.52 RETAINED PERSONNEL ESCROW 51,861.05 POLICE PENSION FUND 2,715.00 TOTAL 2,566,102.52 • Approval of Minutes: - October 15, 2001 Committee of the Whole Meeting - October 29, 2001 regularly scheduled City Council Meeting Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer. Voting Nay: None. Absent: None. Motion carried. DISCUSSION OF ACCESS ROUTE TO PARKING LOT - D&J AUTOMOTIVE, 926 N. FRONT STREET On November 12, 2001, Mr. Joseph Rubino, owner and operator of D&J Automotive located at 926 North Front Street approached Council during the Public Input Session. At that time Council directed Staff to investigate Mr. Rubino's contention regarding insufficient parking lot area due to landscaped parkways. Mr. Rubino again addressed Council stating the access to the parking lot, as currently configured with sod, limits access and egress to the property. Consequently, customer vehicles and delivery trucks are driving over the sod located at the southeast corner of Route 31 and John Street. Mr. Rubino requested Council direct Staff to rectify Page 6 11/19/01 the situation. Assistant Director of Public Works Marcinko advised Council new parkways were installed during the John Street Sanitary Sewer Replacement Project. In the course of the design process the asphalt was removed from the frontage and the City initiated criteria for the project, namely: 1. Improve the aesthetics of the City street; and 2. Limit access/control access per City Ordinance. Assistant Director Marcinko stated the subject property's close proximity to Illinois Route 31 was also considered, particularly the safety of individuals turning onto John Street from Route 31. The ingress and egress was positioned to accommodate D&J Automotive, pedestrians and vehicular traffic from Route 31. The existing entrance width at the sidewalk is 27 feet. Allowable driveway width is 24 feet according to the City's Municipal Code. Assistant Director Marcinko noted, prior to approval of the drawings a meeting was held, and Mr. Rubino approved the drawing. Staff recommends denial of Mr. Rubino's request. Alderman Bolger stated he investigated the situation. He noted in driving through the parking lot he experienced difficulty accessing and maneuvering to exit from the westernmost parking stalls nearest to Route 31. Alderman Bolger opined, if there was curbing on John Street the entrance would have to be restricted. However, in this case there is no curbing, and the frontage should be restored to the original configuration. Alderman Murgatroyd inquired if there were two access points on the property. Assistant Director Marcinko responded there are two separate lots. One lot has 132 feet of frontage and accesses D&J Automotive. The adjacent lot is 60-feet wide and is a vacant gravel surface. The vacant lot is used primarily for delivery and utilized by a church for additional parking. Motion by Bolger, to ■ asphalt the access and egress, at the City of McHenry's expense; ■ restore the parking lot to the original configuration by removing approximately 35 feet of existing sod from the west entrance near Route 31. Motion died for lack of a second. City Administrator Lobaito informed Council the project was initially postponed for thirty to sixty days, pending resolution of a number of parking issues on John Street. Concern was expressed by area residents regarding parishioner parking in the street on Sundays. At that time, the church also noted parking concerns. Mr. Rubino granted the church access to parking in his vacant lot. City Administrator Lobaito noted prior to -IN proceeding with the project, Staff made an extraordinary effort to accommodate all affected parties. Page 7 11/19/01 Alderman Murgatroyd stated the project was completed according to City criteria, and modifications are now being proposed requiring expenditure of additional funds. Motion by Glab, seconded by Murgatroyd, to direct Staff to ascertain the amount of sod to be removed from the parkway at 926 N. Front Street in order to resolve the current parking situation, and to return to Council with a recommendation within six weeks. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer Voting Nay: None. Absent: None. Motion carried. EXPANSION OF CONDITIONAL USE PERMIT - DISTRICT 156 ADMINISTRATION BUILDING, 4617 CRYSTAL LAKE ROAD In attendance were Norbert Wolter, McHenry High School District 156 Interim Superintendent, Engineer Scott Smith of Smith Engineering and Engineer Joe Vavrina of Smith Engineering. Interim Superintendent Wolter addressed Council requesting approval of an amendment to the existing conditional use permit allowing for the expansion of the Board of Education administration building. Mr. Wolter apologized to Council for the untimely request citing transitions within the administration. Director of Community Development Napolitano informed Council District 156 has begun construction of a 3,464 square foot addition onto the existing Administration Building located at 4617 West Crystal Lake Road. Because the facility houses administrative offices and is not used for educational purposes, the City has review authority over the building and any additions. A conditional use permit was approved for the original construction in 1995. The addition will more than double the square footage of the building from 6,562 square feet to 13,490 square feet, which includes a basement area. The proposed addition will provide space for administrative staff, bookkeeping and meeting rooms. Director Napolitano noted, if approved by Council, normal review follows, including building, life safety and engineering. Alderman Glab expressed concern regarding drainage issues. Engineer Scott Smith noted current City ordinance requires only sites over two acres in area to submit drainage calculations and engineering. The proposed building expansion for this site is 3,464 square feet which is considerably less than one acre. Noting the project is for an expansion of the Administration Building only, Alderman Glab stated the building is situated on a 42-acre parcel. The proposed addition will affect area drainage. Mr. Smith explained storm water will flow off the building, to the parking lot and into the storm sewer system, or to the detention pond. The remainder will flow via a swale, to Boone Creek. Mr. Smith advised Council positive drainage was considered during the design phase. The impact is minimal and was figured to be .4 cfs which amounts to 1/16th inch rise in the water level of the stream. Extensive discussion ensued. Page 8 11/19/01 In response to Mayor Althoff's inquiry, Director of Community Development Napolitano stated when a building application is submitted, the Community Development Department is provided with drawings and drainage calculations, which are then provided to the City Engineer for review. Alderman Glab stated his primary concern was the impact following construction to the drainage ditch caused by high release rate of water off the property, and during peak flows from heavy rainstorms. Alderman Murgatroyd inquired if drainage from the administration building would flow to the ditch and recede prior to the flow from the retention pond being released. Mr. Smith responded affirmatively noting statute provides discharge must be maintained to the lowest portion of the property at a reasonable rate. Alderman Glab also expressed concerns regarding landscaping. Mayor Althoff inquired if it is the intention of District 156 to landscape the site following completion of the addition. Interim Superintendent Wolter responded District 156 would provide a landscape plan which would require Staff approval. Alderman Murgatroyd stated while he saw the need for expansion of the building, he expressed disappointment the construction had begun without following proper procedure and without a building permit. Alderman Bolger opined Council should have an opportunity -� to review expansion of conditional uses prior to the start of construction. Alderman Glab suggested no action be taken at this time pending resolution of drainage and landscaping issues. A lengthy discussion followed. Mayor Althoff noted all engineering concerns and drainage issues would have to be satisfactorily addressed and meet with City Engineering firm Baxter and Woodman's approval. Additionally, the landscape plan would have to conform to City standards. City Administrator Lobaito opined if this were a single lot, of less than two acres, and an addition was being constructed, there would be no detention requirements. In that event, the water would be discharged into an approved drainage system. Without criteria in place it would be difficult to give an engineer parameters to judge whether on not a criteria is being met. Discussion followed. Motion by Wimmer, seconded by Bolger, to approve expansion of the conditional use permit for District 156 Administration Building located at 4617 Crystal Lake Road. Voting Aye: Bolger, Low, Wimmer Voting Nay: Glab, Murgatroyd Absent: None. Motion carried. REQUEST FOR VARIANCE TO SUBDIVISION CONTROL ORDINANCE - MC HENRY SAVINGS BANK, PARK VIEW PLAZA In attendance was James Marinangel, Executive Vice President of McHenry Page 9 11/19/01 `- Savings Bank. Mr. Marinangel addressed Council requesting a variance to the City's Subdivision Control Ordinance. The Ordinance currently indicates commercial streets may be required to have additional lights. Mr. Marinangel advised Council of a letter received from Assistant Director of Public Works Marcinko indicating the need to increase the total number of light poles to eleven on Park Place and Bank Drive in the Park View Plaza Development. Mr. Marinangel requested Council consider reduction in the number of light poles for the following reasons: • The businesses building in the center will border Park Place and Bank Drive and will be well lighted with their own light poles, providing adequate illumination; and • While commercial, Bank Drive is not a main thoroughfare but an arterial street. Alderman Bolger inquired if of the building lights would be illuminated 24-hours per day. Mr. Marinangel responded some lights would remain on continuously, depending on the light's location. Staff suggested at a minimum, the following lights be installed: ■ Bank Drive and Route 31; ■ Bank Drive mid-block; ■ Current Knox Park Entrance; ■ Proposed new location of Knox Park Entrance; ■ Midway between existing entrance to Knox Park and proposed new southern entrance to Knox Park; ■ South entrance to Park Place at Route 31; ■ At Park Place going south where it bends toward the west. at the entrance to Knox Park. Assistant Director of Public Works Marcinko stated the configuration as presented would result in a total of seven lights. City Administrator Lobaito noted the possibility of a new access point from Knox Park to Bank Drive. If a light is eliminated from the east side of Bank Drive, wire and cable should be installed, in the event a Knox Park access is constructed, allowing for light placement at the new intersection. Motion by Murgatroyd, seconded by Bolger, granting a variance to the Subdivision Control Ordinance approving a reduction from eleven to seven street lights for Park View Plaza with the provision wiring be installed to the back of Bank Drive in the event future lighting is required for an access road. Voting Aye: Bolger, Low, Murgatroyd, Wimmer Voting Nay: Glab. Absent: None. Motion carried. REVIEW OF CONDITIONAL USE PERMIT - PORTABLE TOOL SALES AND SERVICE, 4030 W. MAIN STREET In attendance was Julie McKevitt, President of Portable Tool Sales and Service, Page 10 11/19/01 and Attorney Joseph Gottemoller of Madsen, Sugden & Gottemoller. Attorney Gottemoller reminded Council review of the granted conditional use permit to allow outside storage was required within six months of Council approval. Council approved the conditional use permit on July 2, 2001 at its regularly scheduled Council Meeting. Attorney Gottemoller noted the project has gone forward and Portable Tool Sales and Service has made significant improvements to the property. The applicant has complied with every condition of the conditional use permit, granted on July 2, 2001. Attorney Gottemoller requested Council approval of the conditional use permit, eliminating the need to return at a future date for review. Mayor Althoff noted the green nylon mesh on the chain link fence along Crystal Lake Road has been removed as requested by Council. Alderman Low stated the applicant has made significant improvements to the property and suggested planting some arbor vitae at the fence line might further improve the appearance of the property. Alderman Bolger concurred with Alderman Low, complimenting the applicant on the condition of the property. Motion by Bolger, seconded by Low, to ■ extend the conditional use permit in accordance with the provisions of the zoning ordinance' ■ approve the removal of the nylon mesh from the chain link fence along Crystal Lake Road; and ■ recommend the planting of arbor vitae in place of the nylon mesh. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer Voting Nay: None. Absent: None. Motion carried. REQUEST FOR ZONING MAP AMENDMENT, 4011 WEST MAIN STREET Director of Community Development Napolitano reminded Council at the October 15, 2001 regularly scheduled meeting Council authorized Staff to represent the applicant, Steve Buss, owner and applicant, regarding rezoning of the property located at 4011 West Main Street. Director Napolitano advised Council the property has been vacant since Buss Ford relocated to their new facility on Route 31. The property is currently zoned 1-1 Industrial. The Applicant is requesting rezoning to C-4 Downtown Commercial District for the 2.63 acre parcel located at 4011 W. Main Street. Metra has made an offer to purchase the property. The purpose of the rezoning is to facilitate the sale of the property to Metra for expansion of the existing commuter parking lot. Director Napolitano advised Council the subject property is adjacent to the existing commuter parking lot, a logical area for expansion. If approved the existing building on the site would be removed. Director Napolitano noted the Zoning Board of Appeals at a Public Hearing held on October 25, 2001 unanimously recommended approval of the applicant's request. A site plan has not as yet been developed. However, the City anticipates working closely with Metra in the design of the parking expansion. Page 11 11/19/01 �-- Mayor Althoff opined this is a good opportunity for the City to insure the continuation of Metra service and the location of the train station in the downtown area. Motion by Glab, seconded by Wimmer, to accept the unanimous recommendation of the Zoning Board of Appeals and to pass an ordinance approving the proposed zoning map amendment, for the property located at 4011 W. Main Street, from 1-1 Industrial to C-4 Downtown Commercial District. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer Voting Nay: None. Absent: None. Motion carried. VERONICA ESTATES, 412 NORTH FRONT STREET: 1. ZONING MAP AMENDMENT 2. APPROVAL OF FINAL PLAT In attendance were Nanci Nett-O'Halleran, owner and applicant; Engineer Frank Cuda, Scheflow Engineers; and Attorney Lisa M. Waggoner of The Waggoner Law Firm. Ms. Waggoner stated the subject property located at 412 North Front Street is comprised of approximately two acres. The Applicant is requesting: • Approval of the Final Plat of Subdivision for the parcel subdividing one lot into three `.. lots; and • Approval of the zoning map amendment for the westerly portion of the property, comprising approximately 1.365 acres, from RS-3, Medium-High Density Single Family Residential to 0-2, Office Park District. Ms. Waggoner noted on July 27, 2001, the Plan Commission unanimously approved the recommendation to accept the Final Plat of Veronica Estates. Likewise, the City's Zoning Board of Appeals on October 18, 2001 unanimously approved the reclassification of Lot 3 Veronica Estates to 0-2 Office Park District. Motion by Bolger, seconded by Glab, to ■ accept the unanimous recommendation of the Zoning Board of Appeals, and to direct Staff to prepare an ordinance approving the reclassification of Lot 3, Veronica Estates, located at 412 North Front Street to 0-2 Office Park District; and ■ accept the unanimous recommendation of the Plan Commission approving the Final Plat of Veronica Estates as prepared by Vanderstappen Surveying Inc. dated July 27, 2001, with the condition the Final Plat will be recorded within six months of approval. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer Voting Nay: None. Absent: None. Motion carried. sk... DISCUSSION —MC CULLOM LAKE SANITARY SEWER EASEMENTS Assistant Director of Public Works Marcinko informed Council the Department of Public Works was presented with engineering plans which indicate the City of McHenry will Page 12 11/19/01 be required to grant easements to facilitate construction of the sanitary sewer from McCullom Lake Road through Petersen Park over the railroad tracks and down to Donovan Street. No Council action is required. The information is being presented for advisory purposes only regarding the property owned by the City and where the easements will be located. Alderman Murgatroyd state it is his understanding no modifications have been made to the McCullom Lake Sanitary Sewer Project. He stated, in anticipation of the project, some improvements along McCullom Lake were postponed, such as the boat access. City Administrator Lobaito confirmed Alderman Murgatroyd's understanding stating no changes have been made to this plan. City Administrator Lobaito indicated there have been suggestions the Lakewood Subdivision is considering installation of sewers. Additionally, City Administrator Lobaito stated the Petersen Park Beach Development Project is moving forward. DISCUSSION — SETTLEMENT OF PHENOLIC FOAM ROOF INSTALLATION CLASS ACTION SUIT City Administrator Lobaito informed Council the Municipal Center Building was identified as having phenolic foam roof insulation over the metal roof deck. It has been discovered phenolic foam roof insulation can lead to corrosion of steel roof decks due to an acidic reaction taking place when the phenolic foam roof insulation contacts moisture. As a result a nationwide class action lawsuit was filed in the Federal District Court of Massachusetts in 1996. City Administrator Lobaito advised the City has received notice of a proposed settlement offer from Johns Manville Corp., the manufacturer of phenolic foam roof insulation, in the amount of $24,000, a set fee based upon the square footage of the roof deck. If the settlement is accepted, the City relinquishes its right to sue Johns Manville Corp. for any damages to the building resulting from phenolic foam roof insulation that may occur in the future. City Administrator Lobaito stated, as a condition of settlement, an independent roofing contractor inspected the Municipal Center roof. The inspection, which included test cuts, did not reveal any corrosive action occurring between the roof insulation and metal deck. Provided there is no intrusion of water in the roofing system, no acidic reaction will occur and consequently no corrosion of the metal roof deck. City Administrator Lobaito stated the life expectancy of the roof is 20 to 30 years, and opined, given proper maintenance and inspections of the roof system during that time, there is a low probability there would be roof leakage in a significant amount to cause serious corrosion of the metal roof deck. City Administrator Lobaito noted City Attorney McArdle has reviewed the information provided. Attorney McArdle suggests: • The City remain in the Class Action suit and not pursue litigation individually; and • The City accept the monetary payment of approximately $24,000. Page 13 11/19/01 �.- City Administrator Lobaito suggested the $24,000 monetary payment be set aside for any roof repairs required in the future. Motion by Bolger, seconded by Murgatroyd, to authorize the Mayor's execution of the claim form relating to the phenolic foam roof insulation class action settlement and to accept the Class Action Lawsuit monetary payment of$24,000.. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer Voting Nay: None. Absent: None. Motion carried. MAYOR—STATEMENT AND REPORT Mayor Althoff requested Council schedule a Committee of the Whole meeting on December 10, 2001 at 7:30 p.m. The Riverwalk Project Planner Trkla, Pettigrew and Associates. employed by the City, will make a presentation. The topic of discussion will be the Riverwalk Project and potential establishment of a Tax Increment Financing (TIF) District. Mayor Althoff reported the Overton Gazebo located in the park at the intersection of John Street and Crescent Avenue, has been completed. Mrs. Overton is pleased with the results and will be forwarding the money for the balance of the structure. COMMITTEE REPORTS Finance and Personnel Committee Chairman Alderman Murgatroyd advised Council the Finance and Personnel Committee will be scheduling a meeting in December. There are several items which require discussion requiring a meeting of some length. DEPARTMENT HEAD REPORTS Assistant Director of Public Works Marcinko reminded Council Well #8 production in the Malibu Tot Lot was reduced by 50% on October 12, 2001. The pump was pulled on October 22, 2001. Layne Western inspected the pump and has estimated the cost of repair at $16,000. Staff requests Council authorization to repair Well #8 pump by Layne Western in the amount of$16,000. Motion by Bolger, seconded by Murgatroyd, authorizing repair of Well #8 pump by Layne Western in an amount not-to-exceed $16,000. Voting Aye: Bolger, Low, Murgatroyd, Wimmer Voting Nay: Glab. Absent: None. Motion carried. Director of Community Development Napolitano introduced City Planner Doug Martin and complimented him on the fine job he has done to date. Page 14 11/19/01 City Administrator Lobaito noted Bob Klein, President and CEO of the YMCA of McHenry County presented to his Board of Directors the idea of collaboration with the City of McHenry on a recreation facility. City Administrator Lobaito reported he recently received a letter expressing the Board's interest in continuing discussions regarding the project. The Board of Directors at the YMCA requests a letter of intent from the City of McHenry expressing interest in pursuing the project. In return, the YMCA is willing to provide the City of McHenry with a like letter of intent. City Administrator requested Council direction to draft a letter of intent to the YMCA Board of Directors, expressing continued interest in discussions of a collaborative effort for a recreational facility. Motion by Murgatroyd, seconded by Low, directing the City Administrator to draft a letter of intent to the YMCA Board of Directors, expressing continued interest in discussions of a collaborative effort for a recreational facility. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer Voting Nay: None. Absent: None. Motion carried. NEW BUSINESS Alderman Glab read a letter, dated November 19, 2001, from Edward Miller of 612 Silbury Court. Mr. Miller expressed concern with vehicular parking at the corner of Front -1 Royal Drive and Oakwood Avenue. He opined turning on Front Royal Drive can be difficult and unsafe. Mr. Miller suggested the installation of a stop sign on Front Royal or posting a no parking zone within 30-feet of the intersection might alleviate the problem. Alderman Glab stated this letter is one of many complaints he has personally received as a result of the parking situation on Front Royal Drive. Alderman Murgatroyd inquired if the topic should be addressed at committee level. Alderman Glab opined the gravity of the situation, and the safety factor, merited investigation by Staff and immediate attention of Council. Motion by Glab, seconded by Bolger, to direct Staff to review parking restrictions at the corner of Front Royal Drive and Oakwood Avenue, and provide Council with recommendations. Voting Aye: Bolger, Glab, Wimmer Voting Nay: Low, Murgatroyd. Absent: None. Motion carried. -IN Page 15 11/19/01 EXECUTIVE SESSION Motion by Low, seconded by Murgatroyd, to go into Executive Session at 9:15 p.m. to discuss Personnel, Property Acquisition and Potential Litigation. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer. Voting Nay: None. Absent: None. Motion carried. Council went into Executive Session at 9:15 p.m. Motion by Murgatroyd, seconded by Low, to return to Open Session at 9:45 p.m. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer. Voting Nay: None. Absent: None. Motion carried. Council went back into Open Session at 9:45 p.m. Motion by Murgatroyd, seconded by Wimmer, to authorize the Mayor's execution of the Employment Separation Agreement Release and Waiver between the City of McHenry and Chief of Police, Michael D. Kostecki, subject to three conditions: • Page 1, paragraph 4 be amended to include a general release from Michael D. '-� Kostecki, to the City of McHenry, effective from November 30, 2001 through and including November 30, 2002; • Page 1, paragraph 4 be amended to include a general release from the City of McHenry, to Michael D. Kostecki, effective from November 30, 2001 through and including November 30, 2002; and • The City's receipt of an executed letter of resignation and signed Separation Agreement from Michael D. Kostecki. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer. Voting Nay: None. Absent: None. Motion carried. ADJOURNMENT Motion by Low, seconded by Glab, to adjourn the meeting at 9:48 p.m. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer. Voting Nay: None. Absent: None. Motion carried. The Meeting was adjourned at 9:48 p.m. MAYOR ITY CLER